AT&T, Verizon Open to Prison Precision Jamming of Cell Signals, a Fix Pai May Embrace
The FCC is expected to embrace technology trials that could include jamming as one alternative for keeping contraband cellphones out of correctional facilities, industry lawyers said Wednesday. Chairman Ajit Pai met with prison and wireless industry officials in a closed-door meeting at the agency (see 1802050034). Carriers traditionally opposed jamming as a potential violation of the Communications Act but are expressing an open mind, according to statements by AT&T and Verizon.
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Commissioner Mike O’Rielly has concerns about jamming (see 1703230056), but Pai otherwise likely has the votes to allow the practice, industry lawyers said. Ten years ago, then-Chairman Kevin Martin supported jamming trials but faced fierce opposition from CTIA (see 0909030124). Allowing jamming will raise difficult issues for the FCC, potentially requiring waiver orders for each correctional facility, said a former spectrum official. “Every Tom, Dick and Harry is going to ask for a waiver.”
AT&T supports Pai’s efforts to find “technology solutions” to fighting contraband cellphones, said Joan Marsh, executive vice president-regulatory and state external affairs. “The possession of contraband wireless devices by prisoners poses a great threat to public safety and the corrections community,” Marsh said. “We are committed to continuing our work with law enforcement, prison solutions vendors and the wireless community to address this pernicious problem.” AT&T supports trials “to test technology solutions including managed access, cell detection devices and precision jammers,” Marsh said.
Verizon's William Johnson, senior vice president-federal regulatory and legal affairs, had a similar take. “Verizon looks forward to working closely with the FCC, corrections officials, vendors, and other stakeholders to test and develop new solutions, such as cell detection and jamming systems, to address the real problem of inmates unlawfully using contraband devices in ways that put the lives of correctional officers and others at risk," he said. "Correctional facilities have been frustrated with the costs of solutions offered to date, so we need to get to work to test and try alternative ways to address the problem.”
CTIA's statement didn’t mention jamming. “CTIA and its members recognize the very real threat that contraband devices pose in correctional facilities across the nation, and we appreciate the commitment of all stakeholders to identify and implement lawful solutions to this problem,” a spokesman said.
“Contraband cellphones in jails need to be addressed by the FCC and we believe there are technologies that can help,” said an American Jail Association spokesman. Bryan Collier, executive director of the Texas Department of Criminal Justice, said in docket 13-111 prison officials need more ways to thwart contraband phones.
Lee Petro, who represents the Wright Petitioners concerned about the costs of prison calling, said the FCC should require correctional officials to certify that the high cost of contraband interdiction systems won’t be passed on to prisoners and their families. The systems can cost $1 million per facility, he told us. So far, the FCC has ignored the group’s concerns, he said. The petitioners weren’t invited to Wednesday's meeting, he said. “Just as the families of inmates do not have a seat at the table when the service providers and correctional authorities negotiate [prison calling] rates and fees, consumers … were again denied a seat."
Prisons have a “legitimate security interest” in banning cellphones, but create the demand by making it very difficult and expensive for inmates to call loved ones through legitimate channels, said David Fathi, director of the American Civil Liberties Union’s National Prison Project. “It’s like anything else,” he told us. “If you make something difficult and expensive to do legitimately, people will find ways to do it illegitimately and that’s what is happening here.”